LAXMI KANT VIJAYYARGIYA Vs. BHARAT HEAVY ELECTRICALS LTD

JUDGEMENT

(1.) The respondent Bharat Heavy Electricals Ltd. (BHEL) raised a preliminary objection in its counter affidavit with regard to the maintainability of the writ petition in this court on the ground that the entire cause of action has arisen in Bhopal in the State of Madhya Pradesh, and therefore this Court does not have the territorial jurisdiction to try and entertain the petition. By this order, the court proposes to decide the preliminary objection raised by the respondent with respect to the maintainability of the writ petition in this court on the ground of lack of territorial jurisdiction.

(2.) The present petition has been filed by the petitioner herein seeking inter alia issuance of a writ of mandamus to the respondent directing it to promote him from grade E3 to E4 w.e.f. 25th June, 2005 on the basis of reservation provided under Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as 'the Disability Act') and for directing the respondent to provide the petitioner non-handicapping environment at work place as per Section 38(1)(d) of the Disability Act.

(3.) Briefly stated, facts of the case are that the petitioner was inducted through open advertisement issued by the respondent as Deputy Manager (Finance) at a basic pay of Rs. 16,000/- in the pay scale of Rs. 16,000-640-20800. He was posted in the Bhopal Unit of the respondent company and he joined the said Unit on 15th May, 2002. It is the case of the petitioner that he was eligible for promotion as on 24th June, 2005 from his existing post of Deputy Manager (Finance) (E3) to Manager-Finance (E4). It is pertinent to note at this juncture that during the pendency of the present petition, vide letter dated 25th June, 2007, issued by the General Manager (Finance) of the Bhopal Unit of the respondent, the petitioner has been promoted from his existing post of Deputy Manager (Finance) (E3) to Manager-Finance (E4) with retrospective effect from 25th June, 2006. However, the petitioner claims that his grievance still subsists as he was entitled to be promoted w.e.f. 24th June, 2005.